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WHEREAS, pursuant to the approvals granted under Dane County Zoning Ordinance Amendment <br /> #7171, the owner(s) of the above described land placed restrictions on said property limiting <br /> commercial uses on the property found under Register of Deeds Document#2978090, recorded on <br /> June 4,1 998. <br /> WHEREAS, the owner(s) of the subject property submitted a written petition under Dane County Zoning <br /> Ordinance Amendment#10674, calling for the amendment of the restrictions in document#2978090 to <br /> allow the expansion of commercial uses on the property. <br /> WHEREAS, following the submittal of the petition, the Town Board of the Town of Rutland approved the <br /> requested amendment of the restrictions. In turn, the Dane County Zoning and Land Regulation <br /> Committee recommended approval of the requested amendment to the restrictions after holding a public <br /> hearing on said amendments. <br /> WHEREAS, the Dane County Board of Supervisors, adopted Dane County Zoning Ordinance <br /> Amendment#10674 allowing for the amendment of the deed restrictions on said property and <br /> expansion of commercial uses on the property. <br /> THEREFORE, the previous restrictions, recorded in document#2978090, attached herein as Exhibit <br /> A, are hereby amended and replaced by the following restrictions: <br /> 1. Uses of the C-2 zoned property shall be limited to the following: <br /> a. Sales, rental and leasing, repair and service of new and used agricultural and landscaping <br /> implements and equipment; <br /> b. Sales, rental and leasing, repair and service of new and used lawn and garden equipment; <br /> c. Sales, rental and leasing, repair and service of new and used contractor's machinery, equipment <br /> and vehides used in the operation of the business; <br /> d. Sales, rental and leasing, repair and service of new and used recreational equipment; <br /> e. Rental and leasing of new and used items not listed above; <br /> f. Related sales of incidental related items, and sales of agricultural and dairy products not produced <br /> on the premises and incidental sales of pop and candy; <br /> g. Storage and repair of equipment and materials related to a landscaping business including but not <br /> limited to lawn care, snow removal, landscape contracting and sifting and re chopping of landscape <br /> materials; <br /> h. Retail of landscaping, lawn care, snow removal and landscape maintenance and design materials <br /> including nursery plants; <br /> i. Property landscape improvements and outdoor display to include but not be limited to, decorative <br /> rock and pavers, plantings, fencing and water features. <br /> 2. All outdoor equipment storage areas and outdoor material storage areas shall be screened from view at <br /> street level. <br /> 3. All outdoor lighting shall be downward shining. <br /> 4. There will be a recorded 33 foot wide easement in favor of the Town along the entire east side of the parcel <br /> for a possible future road. <br /> 5. The owner of the parcel will be responsible for a share of the cost of construction of a road on the <br /> easement if and when a road is developed. This share would be based on the front footage of each parcel. <br /> 6. Access to that future road shall replace the driveway to the property on State Highway 138. <br />